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(영문) 서울중앙지방법원 2021.03.19 2020노3320
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. Fact-finding misunderstanding (2020 senior group 1485) The victim D (2020 senior group 1485) requested Switzerland to sell and request Doggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggs

In other words, it shall not be deemed that the intention of deceiving the offender or acquiring the offender to use it for the repayment of the obligation is not taken over.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On April 1, 2018, in full view of the following circumstances acknowledged by the lower court relating to the assertion of mistake of facts and the content of deception and the evidence duly admitted and investigated by the lower court, the Defendant would sell the instant intentional identity to Chok, the president of the Chinese Construction Company, for KRW 400 million.

It can be sufficiently recognized that the deception has been made.

① The victim, from the investigative agency to the court of the court of the court below, stated that the Defendant would sell the instant gambling in the amount of KRW 400 million to Chok, who is the president of the Chinese Construction Company, on April 1, 2018

In other words, the above mentioned statement was made to the effect that "the above intentional transfer was made," and the statement is consistent, concrete, and there are no other circumstances that make it false.

② On April 1, 2018, the Defendant drafted a sale and purchase consignment contract between the victim and the victim on April 1, 2018, with the content of selling and selling the instant Doggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggging.

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